LAWS(P&H)-2012-9-632

BHUP SINGH Vs. STATE OF HARYANA

Decided On September 27, 2012
BHUP SINGH Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) Prayer in this application is for suspension of sentence of the applicant-appellant, Bhup Singh, son of Bhagwan Singh, resident of Bherian, Police Station, Uklana, District Hisar, who was held guilty for the offence punishable under Section 15(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985, and sentenced to undergo rigorous imprisonment for 10 years, besides payment of fine of Rs 1,00,000/- and in default to further undergo rigorous imprisonment for one year.

(2.) Learned counsel contends that the case of the applicant-appellant is covered by the ratio of the judgment delivered by a Division Bench of this Court in the case of Daler Singh v. State of Punjab, 2007 1 RCR(Cri) 316, since the applicant-appellant has suffered incarceration for more than years. He further submits that the applicant-appellant is neither required nor involved in any other case of similar nature.

(3.) Learned counsel for the State has produced the affidavit of Surinder Singh Godara, Superintendent, Central Jail, Hisar, showing the custody period suffered by the applicantappellant, which is taken on record. Learned counsel for the State has not controverted the aspect that the case of the applicant-appellant is covered by the ratio of the judgment in Daler Singh's case.